Abstract

A list of claims constitutes a crucial element of each bankruptcy proceedings regardless of whether it is carried out in order to liquidate bankrupt’s assets or to make an arrangement with the creditors. Due to the fact that the proceedings relating to setting the contents of a list of claims and therefore reflecting on establishment of the subjective scope of each bankruptcy proceedings, is in principle carried out by the receiver by confronting the reported claims with bankrupt’s books, and by the judge commissioner only when an objection has been lodged, nevertheless at least some of the provisions regulating those issues should be considered as not very clear. Therefore, such a construction of the list of claims and the objection should be postulated which would favour primarily the most efficient possible application of the objection provisions, which would undoubtedly accelerate the related proceedings. This acceleration directly reflects on the degree of creditor satisfaction under each proceeding since prolonged proceedings in order to consider the objections involve the need to spend for many months bankrupt’s assets to cover the costs that arise within that period. Perhaps it would also be appropriate for the legislator to consider introduction of al least a form of evidence preclusion in this respect since -- as shown by the practice -- owing to a virtually symbolic objection fee creditors frequently treat bankruptcy proceedings as a tool to set the balance of their accounts with the bankrupt. On the other hand, it should be reiterated that the regulation allowing for reconsideration of an objection by the judge commissioner after the decision passed in this respect has been rescinded by the bankruptcy court acting as the court of the 2nd instance, requires an immediate response of the legislator.